Articles Posted in DUI

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Authorities made a South Florida arrest for DUI and child endangerment in Boynton Beach after allegedly discovering a woman drunk behind the wheel of a car in a parking lot with four children jumping in and out of the sunroof.winebottle

According to The Sun Sentinel, the engine of the vehicle was running. It was about 7:30 p.m. and the vehicle was parked in a Publix grocery store parking lot. In the front passenger seat, police say, was a half-empty jug of sangria. The 34-year-old woman in the driver’s seat allegedly had a blood-alcohol concentration of .358, which is more than four times the legal amount of 0.08. This was after she agreed to undergo a blood alcohol test.

Police reported they were called to the parking lot after several witnesses said they had tried to chase the young children out of harm’s way, as they were running around the parking lot and were almost struck by vehicles entering and leaving. One witness called dispatchers and said they had seen the driver drinking in the car from a large jug of wine.  Continue reading

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The former director of the Florida State Parks was recently arrested for DUI with property damage and hit-and-run, according to the Tallahassee Democrat, which explained the arrest occurred after defendant was stopped by troopers with the Florida Highway Patrol.drink and drive

According to reports, the former official, who also previously worked for the state Department of Environmental Protection, had left the scene of a crash after briefly speaking to the other driver. Troopers were called to the scene by that other driver around 7 p.m. on a Saturday. The driver reported he was traveling south when a Mercedes Benz, later identified by police as being driven by the former official, traveling in the same direction veered into his lane and struck his driver’s side mirror in passing.

The defendant reportedly pulled over, talked to the other driver for a minute, then rolled up her window and abruptly drove away. Dispatchers then started receiving other calls about a vehicle matching that description in the same area running other motorists off the road Continue reading

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Throngs of spring breakers and tourists start to flood Florida coasts beginning in March, with spring break hitting its peak around the middle of the month. However, those who came for a week may find they are dealing with our court system for much longer. beachparty

The Sun-Sentinel reported spring breakers kept local law enforcement agencies busy, with offenses ranging from slapping the rear quarter of a police horse and underage drinking.

Fort Lauderdale police issued a warning to both locals and visitors in advance of spring break, insisting there would be a “zero tolerance” policy of enforcing state laws and local ordinances. In many cases, that meant arresting spring breakers, who now may face the expensive possibility of having to return to Florida to face the music in court.  Continue reading

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Florida House committee lawmakers have put the state one step closer to compelling more first-time DUI offenders to install ignition interlock devices. DUI

On the surface, this may seem like bad news for DUI offenders. After all, ignition interlock devices are expensive, cumbersome and embarrassing. However, there could be one major upside for first-time offenders if the bill is passed statewide in its current form.

According to News4Jax, the bill would revise and replace provisions of the current ignition interlock law, as addressed in F.S. 316.193 and F.S. 322.271 and F.S. 316.1937. Current law only makes it mandatory for a first-time DUI offender in Florida to have ignition interlock devices installed if his or her blood-alcohol concentration was at 0.15 percent or higher or if a minor was in the vehicle at the time of the offense. Beyond that, the devices are mandatory in cases where an individual has previous DUI convictions.  Continue reading

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Makers of a device called the “Breathometer” promised that their product could help drinkers determine when they’d had too much to drive. driver

The product concept was first pitched on the television show, “Shark Tank,” and it involved an app-supported smartphone device that would help consumers make smarter decisions about whether to refrain from driving after consuming alcohol. By breathing into the app device attached to their phone, users would be able to tell whether they were over the legal limit of 0.08 alcohol concentration.

However, the Federal Trade Commission recently slammed the company, ultimately negotiating a settlement, amid charges the device didn’t actually work as promised. Specifically where the FTC was concerned, the company lacked the scientific evidence to support the claims made in advertising.  Continue reading

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Florida’s law against driving under the influence, F.S. 316.193, covers the offense of operating a vehicle while intoxicated not just by alcohol, but by any chemical substance that impairs the person’s normal faculties. This includes marijuana. However, now that the drug has become legal for medicinal purposes in the Sunshine State, some lawmakers say this statute does not go far enough. rolledcigarette

Now, House Bill 237, the Driving Under the Influence of Drugs Act, proposes that DUI arrests can be made and convictions secured if evidence is presented the driver had 5 nanograms or more of THC per milliliter of blood. If the law is passed, it would go into effect this October.

However, there has been significant push back from the scientific community on this because blood testing for THC, which is a fat-soluble compound, is known to be an inaccurate means of testing impairment. That’s because the substances stays in one’s body long after consumption, unlike alcohol, which dissipates quickly. What that means is if you find a certain amount of alcohol in one’s blood or breath or urine, that alcohol was consumed fairly recently and one can opine with reasonable certainty about the degree of intoxication. But that isn’t true with marijuana. In fact, all a test like this will tell you is that the person is a marijuana user. A high level of THC in the blood stream is not necessarily indicative of impairment. It may only indicate the person is a regular user. So if a person consumes a little of the drug every evening for a month and is pulled over one morning – completely sober – he or she could well have a THC level above that 5-nanogram limit. Continue reading

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The National Highway Traffic Safety Administration recently announced it would be prioritizing a reduction of drunk driving deaths this year. One of the ways agency officials will seek to do this is by exploring mandatory driver alcohol detection systems, better known as “breathalyzers” or “interlock ignition.” These devices have been around for a while, but are usually only required by a judge following a drunk driving conviction. beer

In Florida, F.S. 316.193 requires interlock ignition devices be installed on vehicles of certain persons convicted of DUI. The court has the option to require installation for a first-time conviction on a DUI charge, but it isn’t mandatory unless the driver had a blood-alcohol concentration of 0.15 or higher, in which case it must be installed for at least six months. For a second conviction, it has to be installed for at least one year, or two years if the BAC was 0.15 or higher. For a third conviction, ignition interlocks are required for at least two years. For four or more convictions of DUI, where the individual is only given a hardship license, the ignition interlock has to stay on the car for at least five years.

The NHTSA recently reported that of 35,100 motor vehicle deaths in 2015, 10,300 of those (29 percent) involved a driver who was impaired by alcohol with a blood-alcohol level of 0.08 or greater. Some states had higher percentages than others. In Florida, 27 percent of fatal accidents involved a driver whose blood-alcohol concentration was 0.08 or higher. Thirty-two percent involved a driver whose blood-alcohol concentration was 0.01 or higher. Although the legal limit for alcohol concentration is 0.08, anything above 0.00 could potentially be grounds for the court to find a driver was “impaired.”  Continue reading

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People get coughs and colds all the time, and most don’t think twice about taking some medicine and getting behind the wheel. Unfortunately, this can result in serious consequences if you are pulled over or involved in an accident and deemed to be “under the influence” of these substances. medicine

F.S. 316.193 prohibits motorists in Florida from “driving under the influence.” Most people define that by the second provision of the statute, which indicates that a person may be considered impaired if his/ her breath-alcohol level exceeds 0.08 or more grams of alcohol per 210 liters of breath (or 0.08 or more grams of alcohol per 100 milliliters of blood). However, the first part of that law says that one can be arrested on this charge if they are under the influence of any chemical substance that results in impairing a person’s normal faculties. This can, indeed, include cough and cold medicine. The penalties can be just as severe as if you chose to drink and drive.

As an example, take the recent case of Kranchick v. State, which was one such matter out of South Carolina. The facts giving rise to this case began in January 2002. It was about 3 p.m. and defendant lost control of her passenger vehicle while traveling eastbound on the interstate. According to court records, she swerved off the road, overcorrected and then slammed into the rear of a bobtail truck. That impact sent the truck spinning into the median, over the guardrail cables and into the path of a tractor trailer. The tractor trailer struck the smaller truck, causing the later to overturn onto its roof, killing the driver and severely and permanently injuring his passenger and the driver of the tractor-trailer. Continue reading

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An interesting legal debate has cropped up in Palm Beach County over a Facebook “like.” computer1

CBS 12 reports the defendant, Paul Maida, who has been linked to a deadly DUI accident in Boca Raton, has had his bond revoked for “liking” a post on his ex-girlfriend’s Facebook page. The judge had ordered him not to have “contact” with his ex-girlfriend.

That woman is reportedly a key witness in the state’s case against Maida, who is accused of striking a 66-year-old bicyclist in April 2014 on Yamato Road. Maida is accused of fleeing the scene, which carries it’s own penalty in fatal crashes of a minimum mandatory 4 years in prison if convicted. Investigators say Maida eventually drove back to the scene of the crash, but only after switching seats with his girlfriend, who was reportedly not impaired.  Continue reading

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Florida State University football team’s strength & conditioning coach was suspended for a month without pay following his Florida DUI arrest in Tallahassee, following a blow-out party with crew members of the “Showtime” network.whiskey

According to The Tallahassee Democrat, Coach Vic Viloria spent the evening drinking whiskey on the Florida State campus, first at his office and then, after deeming that “inappropriate,” fearing other employees might see, moving to the Showtime crew’s trailer. Although he initially planned to “sleep it off” in his office (a wiser choice), he chose to drive home early on a recent Saturday morning. However, he did not make it home before he was stopped by police. The FSU team and its season is the focus of Showtime’s latest series, “A Season With,” which debuted this month. Viloria said he was given a bottle of whiskey by the crew to celebrate the closing of the preseason camp. He reportedly opened the bottle in his office and shared it with three Showtime crew members.

The case is illustrative of the fact that a Florida DUI arrest can impact multiple areas of your life. Obviously for someone with a high-profile position like Viloria, the impact is severe. In this case, the 30-day suspension handed down by the university represents one-third of the team’s regular season schedule, which spans a total of 12 games. The suspension began Sept. 2 and will last through Oct. 1.  Continue reading

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